Legislator Case Law & Legislation
II K 462/19 AI generated

Court acquits defendant of theft but imposes community service and restitution for attempted theft.

Case Number II K 462/19
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The court acquitted the defendant of theft charges regarding the first victim but convicted him of attempted theft concerning the second victim. The defendant argued that the first act lacked criminal intent, while the prosecution contended the second act demonstrated clear criminal intent despite the small loss. The court accepted the defense's argument for the first charge due to lack of material gain but found the second act sufficient for conviction, resulting in a sentence of community service and an order to repay the victim.

Legislator headnote

AI generated

Art. 286 § 1 k.k.; Art. 286 § 2 k.k.; Art. 15 § 1 k.k.: The court distinguishes between completed theft requiring material gain and attempted theft where the intent is established but the act fails due to external factors or lack of benefit.

Keywords

AI generated
theft completed attempted theft lack of material gain community service restitution order criminal intent acquittal vs conviction

Cited Legislation

AI generated
Art. 286 § 1 k.k.
Art. 286 § 2 k.k.
Art. 15 § 1 k.k.
Art. 618 § 1 pkt. 11 k.p.k.
Art. 624 § 1 k.p.k.
art. 387 k.p.k
art. 286 § 1 k.k
art. 624 § 1 k.p.k
AI generated

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